Tag: Female Genital Mutilation

Recently on Facebook, I noted that real social change usually happens when people are good enough to care about doing the right thing, thoughtful enough to figure out the best ways to do it, and brave enough to actually go through with it. On December 4th, in Washington DC, I was fortunate enough to meet a roomful of such people. I was there representing Sahiyo at an event called ‘Using Data and Community Engagement to Better Focus FGM Prevention Interventions’ sponsored by the US End FGM/C Network and The George Washington University Milken Institute School of Public Health.

Maryah Haidery talking at the Washington DC screening.

The event included an exceptional presentation by Sean Callaghan from the organization, 28 Too Many on how government agencies and NGOs can use data to track populations where FGM/C may be most prevalent and how best to engage with these populations. It also included a screening of Sahiyo Stories, a series of digital stories by nine different women, including myself, detailing our personal experiences with FGM/C and/or advocacy. I had volunteered to introduce Sahiyo Stories in place of Mariya Taher who was unable to attend the event. Despite some technical difficulties, I tried to summarize Mariya’s history with StoryCenter and the collaboration which culminated in Sahiyo Stories and the short behind-the-scenes video showing how we made the videos and what we hoped to gain from them.

Since this would be my first time seeing the videos with a large audience, I was a little nervous. But when Mariya’s voice came on, the room grew absolutely silent and by the end, quite a few people seemed visibly moved. During the Q&A period following the screening, I was struck by the number of people who wanted to know how they could find out more about FGM/C and what they could do to help even though this was not a problem that affected their communities. Afterward, several people from other organizations working to end FGM/C approached me with interesting suggestions on using Sahiyo Stories in conjunction with their apps and projects in order to make a greater impact on government officials or healthcare workers or educators. As I looked around the room at all these people who cared so passionately about ending this practice – people who were good and thoughtful and brave, it made me more confident than ever before that real social change was a real possibility.

On November 20, 2018, United States District Judge Bernard Friedman ruled that the US Federal Law banning Female Genital Cutting (FGC, also known as Female Genital Mutilation or FGM) is unconstitutional. With this ruling, the judge dismissed key charges of FGM against two Michigan doctors and six other people accused of practicing genital cutting on several minor girls.

However, in the same ruling, Judge Friedman acknowledged that the practice of cutting a female’s genitalia is “despicable”.

The ruling came as a shock to survivors of FGC and human rights activists advocating to end FGC, not just in the USA but all over the world. But there is more to this complex and controversial court ruling than the news headlines suggest. In order to better understand the ruling and its implications for communities that practice FGC, read Sahiyo’s comprehensive explainer below:

What is the US District Judge’s ruling on Female Genital Cutting all about?

In April 2017, the US federal government prosecuted Dr. Jumana Nagarwala, Dr. Fakhruddin Attar and his wife Farida Attar — all members of Michigan’s Farmington Hills Dawoodi Bohra mosque — for subjecting two minor girls from Minnesota to FGC. Subsequently, five other women from the Dawoodi Bohra community were prosecuted for performing FGC on at least nine girls in the Michigan area. This historic case was the first time that anyone had been charged under the US federal law prohibiting FGC — a law that had been introduced by the federal government back in 1996.

To understand the US District Court’s ruling in this case on November 20, it is important to understand the federal nature of the US government and its criminal justice system. Under federalism, some laws can be passed by Congress — the federal or central government — and are applicable to all states in the country. Some other laws can only come under the jurisdiction of individual state governments, and cannot apply to the whole country.

In his ruling in the FGC case, Judge Friedman of the federal-level district court stated that “as despicable as this practice may be”, FGC is technically a “local criminal activity”, and Congress (the federal government) does not have jurisdictional authority to regulate it. Even though the federal law against FGC has been in place since 1996, he stated that it is “unconstitutional.”

Why is this ruling controversial?

The district judge states that the crime of FGC should be regulated by individual states. But the US does not actually have laws against FGC in every single state. At the moment, only 27 out of 50 US states have a state law banning FGC. There is currently a state law in Michigan banning FGC, but the law only came into effect in 2017 after the federal case involving Dr Nagarwala and Dr Attar came to light. The doctors cannot be prosecuted retrospectively under this state law.

Judge Friedman’s ruling declares the federal law against FGC to be unconstitutional based on a technicality. However, the ruling is controversial on at least two fronts.

First, prosecutors and other human rights advocates argue that FGC cannot be considered just a local criminal activity, because it often involves transporting minors across state borders to get their genitals cut by doctors who are paid to perform the ritual. In this case, for instance, two minor girls were transported from Minnesota to Michigan to get FGC done by Dr Nagarwala. Therefore, the federal law banning FGC — which Congress had passed in 1996 under the “Commerce Clause” — should be applicable in this case. Judge Friedman’s ruling does not consider this aspect.

Second, this ruling is insensitive to survivors of FGC and sends out a dangerous message to women from FGC-practicing communities: that their lives and bodies can be put at risk on the grounds of questionable technicalities.

Does this ruling put more girls at risk of being cut?

For the time being, yes: this ruling can put girls at risk of being but. The Centers for Disease Control and Prevention has estimated that 513,000 women and girls have experienced or are at risk of FGC in the United States. And this figure is an underestimation. Many women and girls at risk live in one of the 23 States which have not passed laws against FGC.

Since the ruling puts the onus of regulating FGC only to individual states, many of these girls are at risk of being transported from states that have laws banning FGC to states that currently do not have laws banning FGC, so that they can be cut with impunity.Only 11 of the 27 States with anti-FGC laws have specific provisions banning the transportation of a child out of the State to perform FGC.

Since the US is a strong country with a high degree of influence on global cultures, this ruling also ends up unintentionally condoning genital cutting for FGC-practicing communities all over the world. We are already seeing this in the global Dawoodi Bohra community, where supporters of Female Genital Cutting have taken to social media to celebrate their “victory” in the US FGC case, and to claim that they will continue cutting girls.

Is this the end of the case, or can the ruling be appealed?

This District Court ruling is not the end of the case. This is a lower court decision which can and almost certainly will be appealed by prosecutors from the US Government, and it is possible that over time, this case will be taken to the Supreme Court.

Additionally, two charges remain against Dr Nagarwala, including conspiracy to travel with intent to engage in illicit sexual conduct, and obstruction of justice. Her trial is set to begin in April 2019.

What is the way forward now, for those of us working to end FGC?

Laws are an important deterrent against FGC, and help to reinforce the fact that cutting female genitals is a human rights violation. In light of Judge Friedman’s ruling, activists and communities in the United States should now urge their elected representatives to pass laws banning FGC in every single state of the country. As a global leader in human rights, the US should also do this to set a precedent in many Asian countries where there are currently no laws against FGC.

However, at Sahiyo, we believe that laws can be effective only when accompanied by social change movements on the ground. We therefore encourage everyone to engage in dialogue around FGC, to break the silence around this taboo topic, listen to women’s voices and recognise that FGC is harmful to girls and women.

On November 20, U.S. District Judge Bernard Friedman dismissed the female genital cutting charges in the historic Michigan case involving girls from the Dawoodi Bohra sect, emphasizing that FGC should be regulated by states as a “local criminal activity.” Congress enacted the 22-year-old federal law banning FGC in 1996 — the law Judge Friedman has declared unconstitutional.

Charges were dropped against two Michigan doctors, Dr. Jumana Nagarwala and Dr. Fakhuruddin Attar, and six others accused of subjecting at least nine minor girls to FGC. However, Dr. Nagarwala, Dr. Attar and his wife, Farida, and a mother remain charged with conspiracy to obstruct an official proceeding. Dr. Nagarwala is also charged with conspiracy to travel with intent to engage in illicit sexual conduct.

In light of these developments, we would like to share the responses of many Bohras and other activists working to end FGC.

“What is so disappointing to me is that justice will be delayed in this case. There is a growing, global movement against khafz/FGC and we need positive judgments to send a strong message to our community that this practice is harmful and illegal. We must protect future generations of Bohra girls.”
~ Farzana Doctor, Canada

“By declaring the federal ban on FGM/C unconstitutional, Judge Friedman opens the door for parents to do exactly what was done in this case — take their daughters from states that ban FGM/C to states that don’t so they can be cut.”
~ Umme Kulsoom Arif, USA

“The ruling on the jurisdiction of this case is giving some folks a perceived green light to proudly say that khatna/khafz/FGM/C is not illegal in the US after being afraid to say it out loud after Nagarwala was arrested. But people should understand that there are many state laws still in place (including in Michigan now) and the judge said that FGM/C is a ‘criminal activity’ so parents beware. This does not give you permission to cut your daughters. It will be a regrettable time in history if there is an uptick in the practice of FGM/C in the US because of this technicality in the jurisdiction of this case.”
~ Zehra Patwa, United States

“Shameful really! While 30 other countries have made FGM illegal, US, the supposed defender of human rights, has just shown the world what American justice is…women’s rights are not just not important for the federal court.”
~ Saleha, Canada

“Shocking judgment. But at the same time judgment gave us more spirit to work hard and achieve the desired goal to end FGC. To bring social change takes time but nothing is impossible. I’m sure through our collective efforts we will achieve our goal one day.”
~ Chandni Shiyal, India

“While on our climb towards the summit, we are going to face slips and stumbles but the climb must go on…..this judgement though disappointing is a mere stumble or slip….”
~ Fakhera, India

“This judgment is clearly based on a technicality of the federal versus the state jurisdiction. Irrespective, FGC still continues to be a violent act against 7-year old girls. Are we disappointed to hear this decision? Most certainly. However, it’s only a matter of time until people open their eyes and see the truth. Tradition without any logic can only hold its ground so long. Sati used to be tradition too, in this very land. Look where we are now.”
~ Alifya Thingna, India

“One of the most disheartening outcomes of this case is the lack of outrage among our elected officials. Two, recently elected, Muslim women representatives from Michigan and Minnesota (the two states involved) have failed to use their platforms to proactively address this issue. FGM is an issue that affects the safety of women and girls, and constituents in their communities. This decision (and the lack of public outrage) sends a signal to communities who practice FGM that there will be no accountability.”
~ Maryum Saifee, United States

“It’s a sad day for silent seven-year-old girls when there is no clear US law to protect what is truly theirs!”
~ Rashida Rangwala, United States

“I am so disheartened by this decision! It’s actually shocking. I thought at least USA law would give justice to innocent girls.”
~ Alifya Sulemanji, United States

“No little girl in this world should have to go through the trauma of female genital cutting. Cultures should not be empowered to take away the human rights of their members.”
~ Renee Bergstrom, United States

“I feel angry and deeply disappointed. This isn’t over but it’s incredibly discouraging to see our legal system disrespect and let down girls and women being violated in this country.”
~ Lara Kingstone, United States

“There are many practices which have been blindly followed from decades. Some of them have been changed, modified or amended in the course of time, with the advancement of research and scientific development. We are just trying to tell the world the actual fact that women undergo suffering with no fault of their own because of FGC.”
~ Insiya Ganjifrockwala, India

“Regardless of the impending appeal, this decision may inevitably embolden many to continue cutting girls. We should take this opportunity to continue to pressure our leaders to stand against FGC as a human rights violation, to bring awareness to the issue, and to protect our girls.”
~ Jenny Cordle, United States

“I would call this verdict as a legislative failure as no justice has been given to the child, and this gives a loophole to people in that country to keep practicing FGC.”
~ Insiya Lokhandwala, India

“This is horrible! As a victim of FGC myself, I really wanted to see this doctor punished and her punishment to set a strong example for others in the community who practice FGC/ khatna thinking it’s the right thing to do. I feel like we women are never going to get justice for the wrongs done to us. What’s more, these wrongs will continue to go on and little girls will continue to be traumatized. It’s so frustrating and just makes me want to scream.”
~ Shabana Feroze, Bahrain

“I am shocked and deeply disappointed that a Federal judge in the USA has lifted the ban on FGM. It is so, so important that the USA as a world leader takes an unequivocal stand on this human rights issue afflicting women and the girl child.”
~ Zarina Patel, Kenya

“As I was reading, ‘Judge dismisses female genital mutilation charges in historic case.’ My blood was boiling. Where’s the justice for these women? What message is our federal government sending out to all doctors, mothers, and members who carry out this act? That it’s okay for them to violate girls without any real consequences. And what message are they sending out to our young girls? That their bodies are up for grabs? Or that what they’re going through doesn’t matter to us. Sad day to say the least!
~ Aisha Yusuf, United States

“I wasn’t sure what to expect from the Michigan trial but I never dreamed it would get dismissed on a technicality about federal vs state jurisdiction! I don’t know enough about the law to know if the judge’s ruling was correct but I know I’m not going to let this setback keep me from fighting. Let’s all work together to get legislation passed in the 23 states that don’t yet have a law against FGM so this never has to happen again!”
~ Maryah Haidery, United States

I was sitting in my office, reading a blog post submitted to Sahiyo by a woman doing research on Female Genital Cutting in India, when I received a phone call. I answered it, not thinking twice, not knowing that what I was to hear next would leave me dumbstruck.

The call was from a news reporter, who wanted my reactions to the latest news about the United States’ first legal case on Female Genital Cutting (FGC) — the Michigan case involving two doctors and six others brought up on federal charges of performing FGC on nine minor girls in the U.S. I hadn’t heard of the latest news yet. And then, the reporter dropped a bombshell.

It turns out, a U.S. District Judge has dismissed the FGC charges in the case and declared the federal legislation banning and criminalizing Female Genital Cutting in the U.S since 1997 as unconstitutional!

My immediate reaction was, “That’s crazy.” Then my mind shifted to what had happened to me on October 19th, at the inaugural screening of Sahiyo Stories, a collection of digital stories created by U.S. women who have undergone FGC or who have loved ones who have undergone it. After those videos were shown at the screening, a couple walked in, joined the audience, and began to counter the stories of the survivors. They stated that FGC was harmless, that the survivors sharing their stories must only be trying to get attention. I worry that because of what this U.S. District Judge has ruled, what happened at that screening of Sahiyo Stories, might become all too common when survivors share their FGC stories in the hope of preventing harm to future generations of girls.

The U.S. District Judge concluded that “as despicable as this practice may be,” Congress did not have the authority to pass the 22-year-old federal law that criminalizes female genital mutilation, and that FGM is for the states to regulate. FGM is banned worldwide and has been outlawed in more than 30 countries, though the U.S. statute had never been tested before this case.

There is no doubt that the decision will be appealed by the government, but this response worries me because without the law, what can we point to, when parents and families are trying to do the right thing and not succumb to the community pressure they face in having their daughter undergo FGC? And at Sahiyo, we do hear from these parents. We hear from parents who tell us they have spared their daughters as well as parents who regret not doing more to protect their daughters, but felt pressured by the community, by members of their families, believing that they had to get it done. That social pressure is real and threatening and at Sahiyo we understand the fear of being ostracised from your family or your community for speaking against what others believe is a religious necessity.

This decision also concerns me because it will be used by proponents of FGC to further suggest that they are justified in pursuing FGC because FGC has been proven harmless. Even though, the fact remains, that this is not at all what the Judge has said in his decision to rule the FGC federal law unconstitutional. To the contrary, the decision made by the Judge clearly recognizes that FGC is a terrible crime.

What the Judge has stated is the following:

“As laudable as the prohibition of a particular type of abuse of girls may be … federalism concerns deprive Congress of the power to enact this statute,” Friedman wrote in his 28-page opinion, noting: “Congress overstepped its bounds by legislating to prohibit FGM … FGM is a ‘local criminal activity’ which, in keeping with long-standing tradition and our federal system of government, is for the states to regulate, not Congress.”

The Judge has ruled that the issue of FGC falls under state law jurisdiction (intrastate) versus federal (interstate). In other words, the judge’s ruling opens up a jurisdiction question and NOT a question on whether FGC is harmful or not.

If “local criminal activity” must be regulated by the state, then it goes to show just how vital it will be for all states in the U.S. to pass laws banning FGC. Currently, only 27 states in the U.S. have such laws. Massachusetts, the state I live in, does not. (See petition ‘Ban FGM/C in MA’).

Even when laws are passed, I believe that it will be important to remember that FGC will most likely still continue just as other forms of gender-based violence such as domestic violence and sexual assault unfortunately continue despite the presence of laws against them. FGC also continues because as a social norm entrenched in the culture, this harmful practice has been touted as a religious or cultural practice that is needed to control women’s sexuality.

This reality points to the importance of education and community engagement to help create social change within communities and amongst groups where FGC might be happening.

To that end, Sahiyo will continue to organize and participate in community events to educate our friends, family and community about the harms of FGC and why it should be abandoned.

Having lived in South-East Asia, and being exposed to multiple races and cultures, I grew up in a very open-minded family. As a child, my family and I occasionally went to the local Bohra mosque to socialize with others in the community. I loved going to the “masjid” – there I got a chance to meet my best friend and also eat delicious Bohri food. It was wonderful to see all the aunties dressed up in “onna ghagra” which are colourful skirts with matching chiffon scarves draped around the head. After the prayers, everyone congregated outside and chatted into the late hours of the night.

Then suddenly in the early 90s it all changed. The upper echelons of the Bohra clergy instated new rules. The progressive Dawoodi Bohras were no more; instead, women were forced to wear a form of hijab called “rida” and men were made to sport a beard, wear a kurta, and “topi” or a cap on their heads. The clergy, headed by the Syedna, began to exert control over everything. Permission from Syedna was required not only for religious matters but in daily life as well. For example, permission was needed to start a business, get married or even to be buried. Female Genital Cutting or khatna was deemed necessary, even though that act of it is not prescribed in the Koran. If any of the rules were not followed, or if you protested and spoke against them, you were excommunicated or threatened to be. You’d lose all your ties to friends and family forever.

I can never forget the awful day, when I was seven, while on a holiday in India, my aunt asked me to go shopping with her. She took me to a dingy place where a Bohri man and woman took me inside. They asked me to undress waist down, and when I protested, the man held my hands while the woman removed my jeans and underwear and forced me to lie down. I saw the man take out a blade and I struggled and screamed for help, while they proceeded to cut me. I lay bleeding on the floor, unable to comprehend what had happened to me. It was horrific, painful, and demeaning. I hated what was done to me. I hated that my mom was not there. I was angry at my aunt for allowing them to hurt me.

I remember that experience vividly and to this day I am infuriated that I had to go through this ordeal as a child in the name of religion. While the majority of the Muslim communities around the world have spoken against this, the Dawoodi Bohra religious authorities urge continuing FGC under the guise of cleanliness. The worst part is that some women push this practise on vulnerable children too young to give consent, instead of protecting them as adults should.

It was a difficult time for me. Having grown up with all the freedom in the world, it was suddenly being taken away from me and I grew cynical of my Bohra culture and wanted no part of it. Today, I am happy I decided to leave the fold. It was not hard to leave. In fact, it was liberating. I was not comfortable with the more rigorous path that my community was taking. I am sure there are many other Bohri people out there who are quietly questioning many of the beliefs handed down to them – some so silly, useless, and others very damaging – Bohris must refrain from using Western toilets; Bohris cannot host or attend wedding functions in secular, non-Bohra venues; brides can apply mehndi only an inch below the wrist and cannot hold the traditional “haldi” functions; and all Bohris must carry a RFID photo ID which will monitor attendance to the mosque.

Humanity has achieved such remarkable progress. We have ventured into space, developed cloning and gene editing technologies, and most importantly, the Internet has resulted in globalization and interconnection between various cultures and communities. In this light, I wonder why we are still talking about FGC and the right to choose to do it to our daughters in this day and age? I am thankful that organizations like Sahiyo and We Speak Out have become a voice for children who are being hurt in the name of religion.

I look at my children and I see the most informed, connected, and progressive generation. Imposing impractical, harmful religious rules such as continuing FGM on such a generation will only drive them further from our culture. More and more Bohri women and men are speaking out against this harmful practise because whenever religion becomes too rigid, too corrupt, it begins to crack. My hope is that our community can find the strength to break free from all the rigid practices and once again become the most progressive community among the Muslims.

Though often being referred to as an Islamic practice, Female Genital Cutting (FGC) precedes both Islam and Christianity. It is believed to haveoriginated in the Pharaonic era of Egypt. Elizabeth Boyle, author of Female Genital Cutting: Cultural Conflict in the Global Community, mentions in the book that before the advent of Islam, Egyptians, who valued FGC (particularly infibulation), introduced a strong slave system and expanded it towards the adjacent geographic region. At the onset of Islam in the Egyptian controlled region, Islam asserted a stringent prohibition towards enslaving other Muslims. Hence, non-Muslim were continued to be used as slaves, and since FGC was done to these non-Muslim women slaves to increase their worth and value as slaves, FGC was by extension spread to other parts of Africa by the slave traders. This remains one of the driving factors behind the spread of FGC in Africa simultaneous to the rise of Islam.

Despite FGC predating Islam, the myth of it being an Islamic practice persists due to the impressions of virginity and purity remaining closely associated with the religion’s values. There are ample reasons to challenge the unnecessary association of the practice with the Islamic culture. First, FGC was common among the Egyptian Coptic Christians and a number of Tanzanian Christian communities.In fact, FGC was also reportedly performed on Western women in the 1950s as a cure to nymphomania and depression according toL. Amede Obiora.

Secondly, the practice is rife only among a limited number of Islamic practitioners of the world. Islam is the world’s second largest religion with approximately 1.6 billion followers of the religion consisting of 23.2 percent of the world population. On the other hand, there are around 200 million reported cases of FGC worldwide which includes non-Islamic people as well. Even if one takes these numbers as absolute, merely 12 percent (approx) of the entire Islamic population is affected by the practice. Thus, FGC does not necessarily qualify as an Islamic practice, considering most of the followers of the religion either nullify FGC or even remain oblivious to it. Third: the HolyQuran altogether stands in opposition to inflicting harm; going by that logic Islam cannot be supportive of FGC inflicting mental/physical harm of any sort onto women/girls. Despite the Prophet being explicit about sunna (tradition) on male genitals, FGC’s existence within Islam remains debatable.

In many countries, Islamic traditions often remain debatable, including discussions on FGC. In the documentaryThe Cutting Tradition, an imam from the Harar region of Ethiopia is heard explaining how it already existed among various communities and the Prophet merely advised a sunna way of cutting where only the nicking of the clitoral prepuce is permitted. In the same documentary the Grand Mofti of Egypt, Fadilet Al-Mofti Ali Gomma repudiates any religious basis for FGM/C, though in 1994 a religious decree was issued in the country in favour of the practice stating it as an honourable deed for women. In fact, the decree, issued by one of Egypt’s prominent clerics Sheikh Gad el-Haqq, admittedly mentioned that FGC is not obligatory in Islam but should be followed due to the traditional rituals attached to it.

Even in the Afar region of Ethiopia, religious leaders are seen invoking Islamic scripture and text to counter continuation of FGC among practicing community members.

The practice came to South-East Asia in the 13th century, due to the advent of Islam in the region after the change in regime. The Shafi school of Sunni Islam inIndonesia andMalaysia considers FGC an Islamic practice, yet they are culturally influenced by the region where Yemen and Oman are situated, countries that have considerable FGC prevalence.

At a time in the world when right-wing politics riles up with growing Islamophobia, it is important not to straightjacket Islam in order to avoid its unnecessary vilification and mindless demonization. Islam, as it grew, got entangled with cultural traditions in such a manner that it often looks inseparable. But a close and nuanced study of the matter opens it up for further scrutiny and leaves room for potential dialogic engagement with the communities practicing female genital cutting so that in time these communities will come to abandon it.

Debangana is a doctoral scholar at the Centre for International Politics Organisation and Disarmament (CIPOD), Jawaharlal Nehru University. Through her research, she is trying to locate the existing Indian discourse surrounding the practices of FGM/C and Hijab into the frame of international politics. If you would like to connect with Debangana, you can reach her at debangana.1992@gmail.com.

Du sollst den Teufel nicht an die Wand mahlenLiterally this translates to ‘Don’t paint a picture of the devil on the wall’.

Loosely translated it means that you should not invite evil by talking about it.

But maybe there are times we have a duty to alert others to the devil’s work.

What I mean by that is not that anyone in particular is a devil but rather that maybe at times the devil has a hand in misleading people.

My efforts to get to the bottom of the origins of the practice of ‘khatna’ – what the rest of the world calls ‘Female Genital Mutilation’ (FGM) – in the Suleimani community, recently led me to the inevitable conclusion that the devil has had a hand in twisting the words of the Prophet PBUH, to mean the opposite of what He was saying.

My attention was drawn to some research carried out by learned members of the Muslim community. Let me present the facts to you so that you may come to your own conclusion.

Early on in my own research I came across a Hadith – a reported saying of the Prophet – which was being quoted as evidence of tacit approval of this ancient practice, which predated Islam and may have been initiated in the distant past to subdue the sexual urges of female slaves.

My discussions with members of the Suleimani community had made it clear that the Daim-ul-Islam is the rulebook to which many show an unquestioning allegiance.

Of course such blind faith can have dire consequences. The Daim-ul-Islam does indeed refer to the Hadith in question. Following is an extract from a paper published on www.alislam.org, with the title ‘Female circumcision and its standing in Islamic law’.

But it turns out this is not the full Hadith.

In full, the Hadith seems to leave little doubt as to where the Prophet stood on this matter. The authors of the report quote from Al-Kafi, a respected Shiite book of traditions.

Was the Prophet endorsing, encouraging or even mandating that women should be cut?

Or was he signaling his disapproval and in the face of a long-established tradition, trying to limit the harm done to women? Given what he says, is it correct to claim, as some do, that he should have forbidden it, if he really felt it was wrong?

I will leave it to you to draw your own conclusion.

For me these words of Mohammed, now in full view, are consistent with other issues where he championed the rights of women in the face of a culture which at that time saw no reason to do so.

Who decided to shorten the hadith and to what end? And at which point did a woman who ‘used to circumcise women slaves’ become a woman who ‘used to circumcise girls’? There is a substantive difference is there not?

Just as with the modern day suggestion that Mohammed condoned wife-beating, when in fact he counseled restraint and suggested several alternative ways of resolving marital disputes or the insistence by some on the validity of ‘triple talaq’ divorce, where in fact careful mediation over a period of time is prescribed, one can only conclude that the devil himself has repeatedly sought to undermine the Prophet’s cause as champion of the rights of women!

Today we call this ‘fake news’ and we are learning day by day, how it is used to mislead those who believe without questioning.

Witness how the young parents of our community are systematically fed disinformation, building on that same principle of blind faith. But blind faith in whom?

A journey through religious texts helps us to validate or disprove the claims that there are religious justifications for traditional cultural practices. A similar logic applies to the claims that Female Genital Cutting (FGC) is an Islamic practice.

The HolyQuran and thehadiths, evolving from the deeds of the Prophet Muhammad, form the basis of Sharia or the Islamic law. Whereas the Quranic scriptures are unquestionable, hadiths require authentication as they are the dynamic source of evolving Islamic practices. Hadiths are the Prophet’s verbal instructions which were documented by various narrators after the Prophet’s death. The actual narration of the text is called the matn and the insad contains the trail of narrators to support the authentic transmission of Prophet’s instructions over generations. Hadiths can be classified as either mutawatir or ahad. Mutawatir hadiths are substantiated and backed up by multiple reporters documenting his guidelines and thus, is adequately acknowledged within the Islamic circle. Praying namaz, donating, fasting and going for Hajj are few of the mutawatir hadiths which are considered fully authentic. On the contrary, although a few ahadhadiths are thought to permit a limited form of female genital cutting, they are deficient of authenticity borne through insad.

According to a Baihaqi hadith, circumcision ennobles women. But many suggest it to be advisory rather than obligatory. One of theBukhari Sharif hadiths considers circumcision as one of the acts of fitra (human acts inspired by God) like the removal of pubic hair, trimming the moustache, removing armpit hair and shortening nails. In Islam there has been much controversy whether fitra is binding. OneJami at-Trimidhi hadith suggests that there must be an essential bath after sexual intercourse between the two circumcised genitals of opposite gender. Though the supporters here take circumcision as a prerequisite to sexual intercourse and hence to marriage, the commandment of the hadith liesat the fact of taking a shower after sexual intercourse where circumcision may be spoken of as a natural presupposition. Written in Arabic, this hadith may have been toldto a community that was culturally inclined towards FGC at the time it was said. Hadiths by Abu Dawud, Al-Tabrani and Al-Khatib al-Baghdad seem to suggest conducting a plain cut of the clitoral prepuce, as according to them it beautifies a woman’s face and makes her even more desirable to her husband. Primarily even if the hadith indicates FGC, it eliminates the severe forms of it such as infibulation and only promotes the least severe form.

Other interpretations of this hadith suggest that rather than taking it as the Prophet’s order, one may read this hadith as suggesting it is merely a desirable option. In contradiction, a hadith reported by Abu Sa’id al-Khudri and documented by Ibn Majah and Al-Daraqutni with an authenticated line of insad seems to unequivocally reject any practice amounting to harm.

In Shia Islam, taharat (purity) concerning the notions of hygiene, cleanliness and purity is sometimes put forward to justify FGC. It is believed that due to the clitoral unhooding the excess building up ofsmegma is addressed. Yet, effective measures of washing and cleanliness are more than adequate to address this issue.Removal of healthy tissues for it does not seem to be credible enough.

In India, Dawoodi Bohras, the largest Bohra sect belonging to theTayyibi Ism’ailibranch of Shia Islam,who practice khatna, consider the Da’i al-Mutlaq, also known as Da’i, to hold an authoritative, infallible status in the community. As the Da’i considers Daim-ul-Islam as the binding religious text for the Bohras, diktats of the text are taken as truth by devout community members. In this text, the Prophet is believed to advise for a simple cut of a woman’s clitoral skin as this, according to certain translations of the text, assigns chastity to a woman and makes her more ‘beloved by their husbands’. Though supporters of FGC cite this as the reason for the continuation of khatna, scholars have shown that da’is have never been as invincible historically, as has occurred in the recent past. In fact, changes in the provision that khatna is required, would add dynamism to the religion.

Islam as a whole neither complies with the practice nor endorses FGC. Despite repeated invocation of religious references as a justification for FGC, considering the myriad number of Islamic texts, the grounds for such justification hold little or almost no merit.

Debangana is a doctoral scholar at the Centre for International Politics Organisation and Disarmament (CIPOD), Jawaharlal Nehru University. Through her research, she is trying to locate the existing Indian discourse surrounding the practices of FGM/C and Hijab into the frame of international politics. If you would like to connect with Debangana, you can reach her at debangana.1992@gmail.com.

I am a victim of Female Genital Cutting – some might want to call it circumcision, I call it Mutilation. Not quite the way that the proponents want to depict it as what always happens in Africa (infibulation) with horrific scars, but in the way, it happened to me in Sri Lanka where there are still scars, tiny, almost unnoticeable. But in all the ways that matter, it has damaged me no less than the most severe forms of mutilation.

To those who want to medicalize the procedure, let me say that I was cut by a qualified doctor, in a sterile environment, when I was seven-years-old. I remember that day clearly and it is I who have had to live with the consequence of what was done to me in the name of religion. Not my religious leaders, not my elders, and not that doctor. ME, the woman who that child without a voice grew up to be.

Let me now take the arguments I’ve heard in support of the procedure and give you my perspective as someone who has first-hand experience of the negative impacts of FGC. I will use the term female genital cutting (FGC) since irrespective of what one wants to call it, that is what is done to a lesser or greater degree, depending on who holds the pin, blade or knife.

A. Sex lives as Adults

To the women who say that they have better sex lives due to FGC, I ask you this: what is your point of reference? Have you had sex with the same partner before and after your FGC to arrive at this conclusion? Have you ever considered the possibility that you have been very lucky, and that whoever performed the FGC on you spared you any real damage? It is also very presumptuous for you to assume that NONE of the billions of uncircumcised women around the world enjoy great sex the same as you.

To the women who don’t have a horrific memory related to their own FGC and who don’t understand what all the fuss is about: let me tell you that neither do I. I don’t have any horrific memories of that day. My Mom who accompanied me held me gently, the doctor looked very professional and it was over before I knew what was being done. I felt a pinch, no bleeding that I can remember – just some cotton wool that smelled of antiseptic placed there after I was cut. And I walked out, confused, uncomfortable but definitely not traumatized. Sounds familiar?

It wasn’t until I was as an adult that I realized the impact of what was done to me. I feel pain during intercourse. Most of you may not. But does that mean you are not damaged? Have you ever considered the fact that intercourse is supposed to be more than just “pleasant” or something you put up with when your husband feels so inclined? In my case, I have been examined by a doctor who has seen the tiny scars and helped me understand the impact of those scars on my ability to enjoy sex.

Initially, I wondered whether what happened to me was a mere unfortunate mistake by this doctor. I have since then come across stories of others in Sri Lanka who were cut by the same and other doctors who share similar tales. So no, I was not an unfortunate accident – the doctor and others like him/her knew exactly what they were doing and did it nonetheless.

B. The need to perform the procedure on a child

All the literature shared by the supporters of this practice alludes to adult women enjoying their sex lives. However, I still have yet to come across any argument to support as to why the procedure needs to be performed on seven-year-old girls who have a long way to go before they begin their sex lives.

So, what is being promoted is, in fact, the sexualizing of children. News flash: these organs don’t stay dormant and get activated only when one gets married.

Personally, I find the very idea of parents allowing strangers to access to their daughter’s private parts for non-medical reasons and letting them alter her genitals, an extremely troubling thought. I’m more inclined to believe that in their hearts, they know that they are in fact desexualizing her. What they want in reality is to keep her pure and innocent until she could be given away. There is no thought given to the fact that she then has to live with a damaged body and fulfill marital obligations that she may not enjoy as much in their effort to keep her pure and innocent until she was given away.

C. The Religious Argument

Who decides on one’s religious belief? The individual or the individual’s parent?

Yes, the parents would bring up the child within the religious norms they follow, and yes in most cases the child would continue with that belief till the end, but this is not always true for everyone.

Hence, how do you justify altering a child’s body, without any medical reason, to be in alignment with the parents’ religious belief, when that child is yet to determine what path she would take or which God she will follow once she has learned enough to make that decision?

As for me, I don’t believe that the God who created me required any man or woman to tamper with my body, with the assumption that they can make it better. I believe the Quran when it says that all of God’s creations are perfect. I won’t let any man or woman tell me otherwise.

But my body has been altered irrevocably – it’s no longer the way God created it to be. My body is now in conflict with my religious beliefs. It has ended up representing the beliefs of others and not mine. The religious belief of others has also denied me pleasure that was my right and right given to me in the Qur’an. How can that be a just outcome by anyone’s standards?